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First Nations domestic violence advocates and legal experts across the country are calling out the federal government for "silencing" their views on an issue that is life and death for many.
They say the appointment of a domestic violence expert panel that does not include an Indigenous woman is a missed opportunity.
An advisory body of six people has been tasked with providing a "rapid review" into "best-practice prevention approaches" when it comes to domestic violence against women and children.
While the panel includes one First Nations man, the exclusion of a First Nations woman on the panel has angered advocates who cite the over-representation of victimisation suffered by Indigenous women.
First Nations women are 33 times more likely to be hospitalised for injuries related to family violence and the government says they are six times more likely to die in comparison to non-Indigenous women.
The panel's make-up was questioned by Australia's first Indigenous female Supreme Court judge, Louise Taylor, in front of Queensland lawyers at the Mullenjaiwakka (Lloyd McDermott) Oration last week.
"As it stands in the current national discussion on addressing violence against women, First Nations women expert in our own affairs must elbow our way to the front lest our interests and concerns be left off the agenda," said the Kamilaroi woman and ACT Supreme Court judge in a speech seen by the ABC.
"Disappointingly, this view is confirmed by the make-up of the recently announced national 'rapid review' panel who will examine family violence interventions."
Justice Taylor said the panel "inexplicably does not include a First Nations woman as part of its membership".
"That our exclusion can still occur is a reflection of the systems that do not accommodate us."
Echoing this perspective, Kurin Minang Noongar woman of the Bibulman nation and associate professor at Curtin Law School in Western Australia, Hannah McGlade, said the decision was disappointing.
"I'm shocked but not surprised," she said.
"It's very hurtful, they're not recognising or respecting our leadership."
Rapid review body to provide 'practical' recommendations to government
The "rapid review" will cost $1.3 million over two years and will provide practical advice to government on further action to prevent gender-based violence by the end of this year.
That includes what works for early intervention, what effects attitudinal change, as well as advice around "opportunities to engage men" and the "needs" of diverse communities like LGBTQIA+ and First Nations people and people with disability.
Former Victorian commissioner for LGBTIQA+ communities Dr Todd Fernando, a senior research fellow at the University of Melbourne and descendent of the Kalarie peoples of the Wiradjuri nation, is the only Indigenous panel member appointed.
Dr Fernando said he was proud to be able to speak from a personal perspective about the experiences of men and boys who witness family violence.
"I feel good in being asked to step up. It's something that certainly my community are proud about.
"Many Indigenous men still remain, unfortunately, silent when it comes to these issues.
"Being asked to step up and to voice these concerns in this way, I think it's a very good momentum forward for those who are in and around this sector."
Joining Dr Fernando on the panel:
- Jess Hill, journalist and author of See What You Made Me Do
- Dr Leigh Gassner, assistant commissioner of Victoria Police
- Dr Anne Summers, journalist and key figure in establishing early women's and children's refuges
- Elena Campbell, academic and lawyer
- Dr Zac Seidler, academic and global director of men's health research at Movember
While Dr Fernando said he was ready to do the work, he expressed his concerns about no Indigenous women being appointed.
"To say I was disappointed would be an understatement," he said.
"I did voice my concerns about this from the very start, it was a question I had put to those in charge of curating this panel."
The panel has been co-convened by Australia's Domestic, Family and Sexual Violence Commissioner, Micaela Cronin, the executive director of the Commonwealth Office for Women, Padma Raman, and the secretary of the Department of Social Services, Ray Griggs.
Minister for Social Services Amanda Rishworth would not be drawn by the ABC's questions about whether they planned to add a First Nations woman with expertise on the panel.
She said the appointments were made on advice by the co-conveners and "were always intended to complement the extensive work already underway".
Ms Rishworth said in a statement that work included a standalone National Plan for First Nations family safety, as part of work to address the target to Close the Gap when it came to family safety.
"This work is being driven by the Aboriginal and Torres Strait Islander Advisory Council and First Nations National Plan Steering Committee, and the Expert Panel will work closely with these already-established groups, which are led by women with a breadth of lived experience, sector experience and academic knowledge. "
Dr McGlade said the lack of representation on the panel was "inexcusable".
"This council … will have some difficulty engaging Aboriginal women … [and] there'll be issues concerning cultural safety for Aboriginal women," she said.
"How will we feel safe participating in a consultation process with a body we know excluded First Nations women?"
"It's a dangerous path that the government has gone down here," she said.
Senator David Pocock also used Tuesday's Senate estimates to query what message it sent that there was not an Aboriginal woman appointed directly to the panel, who he said have been "leading this conversation" and were "furious" about their exclusion.
Deputy secretary at the Department of Social Services and Bundjalung, Torres Strait Islander and South Pacific Islander woman Letitia Hope denied it was an "oversight" and defended the importance of men being part of the conversation.
She said that "part of the process that the expert panel will do, it will talk to both the First Nations National Plan steering committee, which is co-chaired by myself and Aunty Muriel Bamblett, and also the Aboriginal and Torres Strait Islander advisory committee."
"I can't agree with your characterisation that there are no First Nations women at the table. We have two very senior committees … that are currently in play."
Ms Hope went on to say, "there will be First Nations women at the table with the expert panel".
Palawa woman Professor Kyllie Cripps is the director of the Indigenous Studies Centre at Monash University and a chief investigator for the Centre for Elimination of Violence Against Women.
Professor Cripps appreciated there would be consultation with groups who worked in family and domestic violence but argued that consultation should not omit appointing a First Nations women to the panel and having both would have been in the best interest of those women experiencing this type of violence.
Inclusion of Indigenous men 'not enough'
She said the absence of a female First Nation's voice was "worrying".
"What kind of recommendations would come from the expert panel given our lack of participation?" she asked.
Hannah McGlade said while she believes Indigenous men should be included in the conversation, it was not enough.
"We want Aboriginal men involved, but they are not to take our place," she said.
Dr Fernando said he had received daily criticism and his email inbox has been filled since the news of his appointment.
"It wasn't up to me to do the design of that the panel, I shouldn't be the one to be discouraged or be made to feel like my voice doesn't matter because I'm not a woman.
"The questions around who's on the panel should be directed to the government rather than panel members," he said.
He said all the experiences in the Indigenous community need to be heard, including those who are were non-binary, sister girls and brother boys.
"I think that it should be viewed as a strength that an Indigenous man is on the panel.
"The question remains, yes there should be an Indigenous woman on the panel, but that is not something I can change as a member."
Kuku Yalanji woman, AM and CEO of Djirra, Antoinette Braybrook, said the exclusion of Aboriginal women's voices from the panel did little to ensure self-determination.
"The government needs to answer the question 'why did they leave us out' because it happens too often," she said.
"We've been advocating for years and years to keep Aboriginal and Torres Strait Islander women's voices at the table — yet once again we have been silenced and excluded from the national agenda."